This document is an excerpt from the EUR-Lex website
Document 62019CA0018
Case C-18/19: Judgment of the Court (First Chamber) of 2 July 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WM v Stadt Frankfurt am Main (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Conditions of detention — Article 16(1) — Detention in prison accommodation for the purpose of removal — Third-country national who poses a serious threat to public policy or public security)
Case C-18/19: Judgment of the Court (First Chamber) of 2 July 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WM v Stadt Frankfurt am Main (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Conditions of detention — Article 16(1) — Detention in prison accommodation for the purpose of removal — Third-country national who poses a serious threat to public policy or public security)
Case C-18/19: Judgment of the Court (First Chamber) of 2 July 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WM v Stadt Frankfurt am Main (Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Conditions of detention — Article 16(1) — Detention in prison accommodation for the purpose of removal — Third-country national who poses a serious threat to public policy or public security)
OJ C 279, 24.8.2020, p. 7–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
24.8.2020 |
EN |
Official Journal of the European Union |
C 279/7 |
Judgment of the Court (First Chamber) of 2 July 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — WM v Stadt Frankfurt am Main
(Case C-18/19) (1)
(Reference for a preliminary ruling - Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures in Member States for returning illegally staying third-country nationals - Conditions of detention - Article 16(1) - Detention in prison accommodation for the purpose of removal - Third-country national who poses a serious threat to public policy or public security)
(2020/C 279/10)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: WM
Defendant: Stadt Frankfurt am Main
Operative part of the judgment
Article 16(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals must be interpreted as not precluding national legislation which allows an illegally staying third-country national to be detained in prison accommodation for the purpose of removal, separated from ordinary prisoners, on the ground that he poses a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society or the internal or external security of the Member State concerned.